Search: Affective Justice: Book Symposium: A Response
14 Mar Bradley Book Symposium: Ingrid Wuerth comments on International Law and War Powers
foreign-relations decision-making outside the courts. Throughout the book, but especially in the war powers chapter, the book describes international legal issues that arise within the executive branch and that are addressed by Congress, rather than focusing just on cases and courts. Nevertheless, the book as a whole is framed around domestic constitutional structures (rather than international law) and trains much of its attention on courts. Finally, I would like to take even more liberties with my assigned chapter and focus on one aspect of the book’s conclusion. The last paragraph...27 Jun Linos Book Symposium: Response to Verdier, Cohen and Alford
complicated issue empirically in a new project with Kim Twist. One way to simplify the issue somewhat is to read the references to foreign law in both Roper and Lawrence as Justice Kennedy’s efforts to persuade the American public about the wisdom of his conclusions, conclusions that some segment of the American public would have otherwise found very controversial. This reading might suggest that both Justices and politicians are using foreign law in similar ways. I discuss this issue further in my piece “Legislative Borrowing.” Roger Alford also invited me...
21 Apr Symposium on International Conflict and Security Law: A Research Handbook – Response by the Editors
I of the Research Handbook, and this important chapter will hopefully feature in the next edition of the Handbook. Indeed, whereas some environmental aspects are covered in the chapter on the common heritage of mankind, a separate chapter on environmental axiology will make Part I even more comprehensive and inclusive. Conclusion As this book review symposium is taking place, a devastating war of aggression is raging in Europe, and its humanitarian, political, economic and other effects are felt throughout the world. Alas, events like these make books like ours both...
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Sergey Sayapin, Rustam Atadjanov, Nicolás Zambrana-Tevar, Noëlle Quénivet and Gerhard Kemp
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08 Jun Virginia Journal of International Law, Vol. 49-4: Online Symposium
evolving doctrine on amnesty in transitional justice schemes. Professor Laplante also shares the particular case study of Peru to show how international law directly impacts national transitional justice experiences. She suggests that the truth v. justice dilemma may no longer exist: instead, criminal justice must be done. Professor Ron Slye of Seattle University School of Law will serve as respondent. On Thursday, Professor Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School, will discuss his essay The Inevitable Globalization of Constitutional Law. Professor Tushnet’s essay examines the forces...13 Dec Transitional Justice and Judicial Activism Symposium: Closing
[Ruti Teitel is the Ernst C Stiefel Professor of Comparative Law, New York Law School and the author of Globalizing Transitional Justice (OUP paper2015).] I have learned a great deal from the thoughtful responses to my article (.pdf) by the participants in this symposium. Dinah PoKempner is correct to say that my article doesn’t address the merits of a “right of accountability” as such but rather looks to how the move to judicialization and application of human rights law interacts with political and other domestic processes of transition. She speculates...
21 Nov To Which Transition and Justice to Whom? Towards Recognition of Transitional Justice in Israeli Case Law
Justice on the Jewish owners in the partial return they have gotten. Hence, the act of recognizing the property rights on the land to its original owners is a result of the “implementation of the Israeli law in Jerusalem and expresses the principals of transitional Justice”. [the translation is mine, L.W] A Critical Analysis of Recognition From a comparative outlook, in the resolution of many land disputes and conflicts when TJ was implemented, the land was returned and justice was made, materially, to victims towards property rights, although disputes on...09 Dec Author Shana Tabak Responds to Comments from Ruti Teitel & Vasuki Nesiah
discuss throughout this article. Certainly this recognition is one that must be sought within a transitional justice scheme; it also demonstrates the ways in which progress regarding the role of gender in transitional justice may be incremental and context-specific. In the synthesis of gendered approaches to transitional justice that I outline in my article, I attempt not to undermine the importance of the revolutionary yet basic recognition that women are “human.” Instead, I demonstrate that this may be the starting point for transitional justice, and that mechanisms must build upon...18 Nov Guest Post: Williams & Mansoor–Bangladesh’s War Crimes Tribunal Isn’t About Justice
and offer remedies. But what is happening in Bangladesh demonstrates that justice sometimes is not just justice. The primary impact of the Tribunal will be shaping Bangladesh’ national identity; is it okay that this will be the legacy of the Tribunal? For most Bangladeshis, the question is not whether the trials uphold standards of justice, but whether justice, in the name of liberation, is done. What we should be watching closely is not just the Tribunal itself, but the way it contributes to the reshaping of the Bangladeshi national identity....
28 Aug International Criminal Justice’s Nostalgia
leadership of the United States should face trial as the “principal perpetrators and planners of the crimes which occurred” there. This is not an isolated example. When Telford Taylor wrote Nuremberg and Vietnam in 1970, applying the Nuremberg standard to the United States’ actions in Vietnam, television networks were said to have been reluctant to provide him a forum to express these views. And a law review article described the book as a “melange of inaccuracies, half-truths, and rhetorical implications”. While international criminal justice’s institutional nostalgia is not entirely disconnected...
18 Aug States of Justice Symposium: Politicised Referrals are Still Referrals Nonetheless
that will mitigate the use of international criminal justice for political and security ends; and not blur the lines between peace and justice (Werle and Zimmermann 2019, 3). The idea that international justice is “inherently political” (Ba 2020, 65) holds true for the instances highlighted by Ba in the book. Similarly, bringing perpetrators of gross human rights violations to account; providing victims of international crimes with a platform to detail their violation; and providing reparations for victims is also justice. In conclusion, Russian novelist and philosopher Aleksandr Solzhenitsyn writes: “When...